NDCR FAST TRACK DRAFT ULDR AMENDMENTS
SEC. 47-18.– Specific Use Requirements
Sec. 47-18.9. - Cluster development.
A.For the purposes of this section, a cluster development is defined as one (1) or more cluster buildings and their required amenities occurring on abutting lots.
B.A cluster building is defined as a residential structure containing two (2), three (3), or four (4) dwelling units, which building is required to have at least one (1) shared amenity for use solely by the inhabitants of that building. Amenities may include, but are not limited to, a pool, spa, gazebo, outdoor grill, or covered terrace.Required amenities may be combined in one (1) location for use by the inhabitants of a maximum two (2) cluster buildings only when those two (2) buildings are located back-to-back.
C.Design criteria for cluster buildings. A cluster building shall meet the following design criteria:
1.Lot requirements. The minimum lot size for a cluster building shall be as required by the zoning district where it is located.
2.Density.As regulated by the zoning district where the cluster development is located.
3.Access to cluster developments shall meet the following requirements:. All units in a cluster building shall have vehicular access to a public street in the form of a private driveway. Provisions satisfactory to the city attorney shall be made for a recordable easement over the driveways for all public utilities and for use by owners within the group.
a.Cluster buildings having a front façade abutting a public right-of-way shall only be permitted vehicular access at the rear of each unit. No cluster building with a front façade abutting a right-of-way shall be permitted to have parking facilities for individual units directly accessed from the public right-of-way. Access to cluster units within cluster buildings with front façades abutting a right-of-way may have access from a shared driveway.
b.Cluster developments that abut a platted alley shall provide access from the alley.
c.Vehicular access to a cluster development shall be provided from a public right-of-way in the form of a private driveway when no access can be provided from an alley. Provisions satisfactory to the city attorney shall be made for a recordable easement over the driveways for all public utilities and for use by owners within the group.
4.Yard requirements.
a.Front yard.TheA cluster building abutting a public right-of-way shall provide a minimum front yard of fifteen (15) feetshall be the same as for the district where the cluster building is located. A five-foot easement along the front property line of the cluster building shall be requiredif the fee simple lot of each unit does not directly abut the public right-of-way. Provisions satisfactory to the city attorney shall be made for a recordable easement along the front property line of the cluster building for use by the owners of the units.
b.Corner yards. A cluster building abutting a public right-of-way shall provide a minimum corner yard of fifteen (15) feet. A five (5) foot easement along the corner property line of the cluster building shall be required if the fee simple lots of each unit does not directly abut the public right-of-way. Provisions satisfactory to the city attorney shall be made for a recordable easement along the corner property line of the cluster building for use by the owners of the units.
Side yards. The minimum side yard shall be the same as required by the zoning district where the cluster building is located. The shared side yard of a cluster building shall be five (5) feet for the principal structure only. A five-foot easement which extends from front to rear lot lines along a side lot line of the cluster building not abutting a public street shall be required for use by owners within the group.
c.Side yards. The minimum side yard shall be the same as required by the zoning district where the cluster building is located. The shared side yard of a cluster building shall be five (5) feet for the principal structure only. A five-foot easement which extends from front to rear lot lines along a side lot line of the cluster building not abutting a public right-of-way shall be required for use by owners within the group.
Rear yard. The minimum rear yard shall be as required by the zoning district where the cluster building is located. The rear yard of a single cluster building shall be fifteen (15) feet for the principal structure. Provisions satisfactory to the city attorney shall be made for a five-foot recordable easement along the rear property line of the cluster building for use by the owners of the dwelling units in that building.
d.Rear yard. The minimum rear yard shall be as required by the zoning district where the cluster building is located. The rear yard of a single cluster building shall be fifteen (15) feet for the principal structure. Provisions satisfactory to the city attorney shall be made for a five-foot recordable easement along the rear property line of the cluster building for use by the owners of the dwelling units in that building.
Additional setbacks.
i.A minimum of twenty-five percent (25%) of the front façade shall be set back a minimum of an additional five (5) feet from the rest of the front façade. This setback shall be centered on the building and shall have a roof line a minimum of five (5) feet lower than the highest adjacent roof line.
ii.A minimum of twenty-five percent (25%) of the rear façade shall be set back a minimum of an additional ten (10) feet from the rest of the rear façade. This setback shall be centered on the building and shall have a roof line a minimum of five (5) feet lower than the highest adjacent roof.
iii.Where two (2) cluster buildings share a rear property line, the minimum rear setback may be reduced to five (5) feet on each side of that rear property line if this additional portion of the building is set back an additional five (5) feet from the nearest side property line and has a roof line that is a minimum of five (5) feet lower than the highest adjacent roof line.
iv.When any portion of a cluster building exceeds twenty-two (22) feet in height, that portion of the structure shall be set back an additional one (1) foot for each foot of height above twenty-two (22) feet.
e.Additional setbacks.
i.A minimum of twenty-five percent (25%) of the front façade shall be set back a minimum of an additional five (5) feet from the rest of the front façade.
ii.A minimum of twenty-five percent (25%) of the rear façade shall be set back a minimum of an additional five (5) feet from the rest of the rear façade.
iii.When any portion of a cluster buildingexceeds twenty-two (22) feet in height when abutting the side yard for the development site, that portion of the structure shall be set back an additional one (1) foot for each foot of height above twenty-two (22) feet.
5.Architecturalelementsstyle.A cluster building shall be designed of an architectural style compatible with and complementary to adjacent structures.
a.A cluster building shall be designed to provide a minimum of thirty (30) percent of the front façade in the form of transparent glass.
6.Entrance requirements. Any building façade facing a public right-of-way shall be considered the front façade for those units. Each dwelling unit must have, on a front façade, its own principal entrance facing the public right-of-way. The principal entrance of each unit shall be a roofed concrete landing a minimum of three (3) feet by five (5) feet and shall be of architectural design and material similar to and integral with the principal structure. No two principal entrances shall share a roofed concrete landing. The concrete landing may encroach into the front yard an additional three (3) feet, but shall be no larger than three (3) feet by five (5) feet. A minimum of eight (8) linear feet shall be provided between entrances which are located within the same plane of the façade.
7.Minimum floor area. Each individual dwelling unit shall have a minimum floor area of seven hundred fifty (750) square feet.
8.Height. The maximum height shall not exceed thirty-five (35) feet. See Section 47-2, Measurements.
9.Fence requirements. Seventy-five percent (75%) of all fences within twenty-five (25) feet of a public right-of-way must be of non-opaque materials such as vertical bars or picket fence.
10.Maintenance agreement. A cluster development shall have a recorded maintenance agreement for the common areas.
11.Sidewalk/street tree requirements. A cluster development shall provide the following:
a.A minimum five-foot wide sidewalk along each public right-of-way abutting the property along the full length of the front property line.
b.A minimum three (3) foot sidewalk consisting of pervious material subject to approval by the City Engineer shall connect the front facing entrances with the public sidewalk for those units within a cluster building that face a public right-of-way.
Street trees shall be planted and maintained along the public street abutting the property to provide a canopy effect. The type of street trees may include shade, flowering and palm trees and shall be planted at a minimum height and size in accordance with the requirements of Section 47-21, Landscape and Tree Preservation Requirements. The location and number of trees shall be determined by the department based on height, bulk, shadow, mass and design of the structures on the site and the proposed plan's compatibility to surrounding properties.
c.Street trees shall be planted and maintained along the public right-of-way abutting the property to provide a canopy effect. The type of street trees may include shade, flowering and palm trees and shall be planted at a minimum height and size in accordance with the requirements of Section 47-21, Landscape and Tree Preservation Requirements. The location and number of trees shall be determined by the department based on building and site design, separation distance, utility infrastructure and the proposed plan's compatibility to surrounding properties.
12.Landscape requirements. As required by the zoning district where located, pursuant to Section 47-21.10, Landscaping and Tree Preservation Requirements47-21.13. Landscape requirements for all zoned districts.
Sec. 47-18.33. - Townhouse.
A.Definition. For the purposes of this section, a townhouse development shall be defined as three (3) or more attached single family dwelling units where each individual single family unit and land thereunder is owned in fee simple.
B.Site design criteria. A townhouse development shall meet the following site design criteria:
1.Minimum lot size. The lot upon which the group is located shall contain a minimum area of seven thousand five hundred (7,500) square feet and shall provide an average of two thousand (2,000) square feet per dwelling unit, including driveways and areas held in common ownership.
2.Density. Density shall be limited as provided for the zoning district where a townhouse development is proposed to be located.
3.Group limit. A townhouse group shall be limited to a maximum of eight (8) dwelling units. A minimum of twenty-five percent (25%) of the townhouse group's front façade shall be set back an additional five (5) from the rest of the front façade. Attached units may have a common wall or individual sidewalls separated by a distance of not more than one (1) inch or as determined reasonable by the building inspector. If individual walls are used, the buildings shall have adequate flashing at the roofline.
4.Access to townhouse developments shall meet the following requirements:. Each dwelling unit shall have vehicular access on a public street or paved driveway or parking area serving the group. Private driveways shall be provided in accordance with Section 47-20.5.D. Provisions satisfactory to the city attorney shall be made for a recordable easement over the driveway for all public utilities and for use by owners within the group.
a.Each townhouse dwelling unit shall have vehicular access to a public right-of-way or paved driveway or parking area serving the group. Private driveways shall be provided in accordance with Section 47-20.5.D. Provisions satisfactory to the city attorney shall be made for a recordable easement over the driveway for all public utilities and for use by owners within the group.
b.Townhouse developments that abut a platted alley shall provide access exclusively from the platted alley.
c.Townhouse developments that provide for parking at the rear of townhouse units with no individual garage or driveway serving the townhouse units that abut the public right-of-way may reduce the front yard requirement to twenty (20) feet subject to the following:
i.Townhouse units may be accessed from one (1) two-way driveway or two (2) one-way driveways; and,
ii.Parking shall not be permitted between the townhouse buildings and any public right-of-way; and,
iii.The area between the townhouse building and the public right-of-way shall be landscaped accept as provided herein.
5.Yard requirements.
a.Front yard. The minimum front yard shall be the same as that required for the zoning district where the townhouse development is located. A five-foot easement along the front property line of the group shall be requiredif the fee simple lot of each unit does not directly abut the public right-of-way. Provisions satisfactory to the city attorney shall be made for a recordable easement along the front property line of the group for use by the owners of the group.
b.Side yard. The minimum side yard shall be a minimum of ten (10) feet from the side property line of the townhouse group and a minimum of twenty (20) feet measured from an ultimate right-of-way, dedicated street, or street-widening line. A five-foot easement which extends from front to rear lot lines along a side lot line of the townhouse group not abutting a public street shall be required for use by owners within the group.
c.Rear yard.Shall be a minimum of twenty (20) feet from the rear property line. Provisions satisfactory to the city attorney shall be made for a recordable easement along the rear property line of the group for use by the owners of the group.
d.Additional requirements. When any portion of a townhouse structure exceeds twenty-two (22) feet in height, that portion of the structure shall be set back a minimum of an additional one (1) foot for each foot of height above twenty-two (22) feet.
6.Entrance requirements.Within the RC-15 district only, anyThe principal structure's façade facing a public right-of-way shall be considered the front façade for those units. Each unit must have, on a front façade, its own principal entrance facing the public right-of-way. The entrance shall be a roofed concrete landing a minimum of three (3) feet by five (5) feet and shall be of architectural design and material similar to and integral with the principal structure. No two (2) principal entrances shall share a roofed concrete landing. The concrete landing may encroach into the front yard subject to the setback requirements of Section 47-19.2.Y. Porch, but shall be no larger than three (3) feet by five (5) feet. A minimum of eight (8) linear feet shall be provided between entrances which are located within the same plane.
7.Minimum floor area. Each individual dwelling unit shall have a minimum floor area of seven hundred fifty (750) square feet.
8.Height. The maximum height shall not exceed thirty-five (35) feet. See Section 47-2, Measurements.
9.Fence requirements. Within the RC-15 district only, for new construction, seventy-five percent (75%) of all fencing along the front yard of a townhouse development abutting a public right-of-way must be of non-opaque materials such as vertical bars or picket fence, and be subject to all other requirements of Section 47-19.5, Fences, Walls and Hedges.
10.Garages facing public rights-of-way shall be subject to the following requirements:
a.Garages shall be limited to a width equivalent to a maximum of fifty (50) percent of the width of the townhouse unit; and,
b.Garages shall be setback and additional five (5) feet from the principal façade of the building.
Landscape requirements. A townhouse development shall provide the following:
a.A minimum five-foot wide sidewalk along each public street abutting the property along the full length of the front property line. A minimum three-foot wide sidewalk shall be provided from each principal entrance to the public sidewalk unless the DRC determines that alternative pedestrian access to the public sidewalk is provided.
b.Street trees shall be planted and maintained along the public street abutting the property to provide a canopy effect. The type of street trees may include shade, flowering and palm trees and shall be planted at a minimum height and size in accordance with the requirements of Section 47-21, Landscape and Tree Preservation Requirements. The location and number of trees shall be determined by the department based on height, bulk, shadow, mass and design of the structures on the site and the proposed development's compatibility to surrounding properties.